Terms of Service & Shipping Policy
This Shipping & Terms of Service Policy (the "Policy") is a legally binding agreement between you ("Customer") and Moxo AI LLC, DBA Mox LLC ("Company"). By making a purchase on our platform, you acknowledge and agree to be fully bound by the terms and conditions set forth in this Policy. This Policy supersedes any conflicting provisions in other documents, including but not limited to the Terms of Service, Refund Policy, or Privacy Policy. In the event of any inconsistency, this Policy shall prevail and control. The Company reserves the exclusive right to interpret and enforce the terms herein, and the Customer waives any right to dispute the application or prioritization of this Policy. The Customer agrees not to rely on any oral or informal representations not explicitly stated in this Policy. This Policy applies to all transactions, whether completed via desktop, mobile, third-party integrations, or any other access channel. The Company may amend this Policy at any time, and continued use of the platform following such amendment constitutes acceptance of the revised terms. This document should be read carefully and retained for reference.
1. Definitions:
1.1. "Item(s)" refers to any product(s), service(s), or material(s) made available for purchase or order through the Company's platform, whether supplied directly or indirectly.
1.2. "Supplier(s)" refers to any third-party sources or vendors from whom the Company obtains Items. The Company makes no warranties or guarantees regarding Supplier performance or fulfillment.
1.3. "Shipping Carrier" refers to the independent entity responsible for delivering Items. The Company is not responsible for the performance, actions, or delays caused by any Shipping Carrier.
1.4. "Shipping Cost" refers to the amount charged to the Customer for the packaging and transportation of Items. This cost may include handling, insurance, and logistics expenses incurred by the Company or its partners.
1.5. "Platform" refers to any website, application, interface, or digital storefront operated by or on behalf of the Company through which Customers may browse, select, or purchase Items.
1.6. "Transaction" refers to any completed or attempted exchange of currency, credit, or other consideration between the Customer and the Company for any Item or service.
1.7. "Order Confirmation" refers to any automated or manually generated communication sent to the Customer upon successful placement of an order, which does not constitute a guarantee of availability or fulfillment.
1.8. "Fulfillment Partner" refers to any entity engaged by the Company to store, pack, or dispatch Items on behalf of the Company, including warehouses, logistics companies, and distribution centers.
1.9. "Restricted Item" refers to any product or material subject to legal, regulatory, or carrier-imposed limitations, including but not limited to hazardous materials, age-restricted goods, or items prohibited in certain jurisdictions.
1.10. "Force Majeure Event" refers to any circumstance beyond the Company's reasonable control, including but not limited to natural disasters, pandemics, government actions, labor disputes, cyberattacks, or infrastructure failures.
1.11. "Dispute" refers to any disagreement, claim, controversy, or cause of action arising out of or relating to this Policy, a Transaction, the Platform, or any interaction between the Customer and the Company.
1.12. "Released Parties" refers collectively to the Company, its parent companies, subsidiaries, affiliates, successors, assigns, officers, directors, managers, members, shareholders, employees, contractors, agents, attorneys, and licensors.
2. Priority of Shipping Policy:
2.1. This Policy overrides and takes priority over any conflicting language in any other agreement, representation, or communication. The Customer waives any reliance on previous verbal or written promises inconsistent with this Policy.
2.2. The Customer agrees that this Policy, as interpreted solely by the Company, constitutes the full and final understanding regarding shipping and service terms and may be updated at the sole discretion of the Company without prior notice.
2.3. In the event that any promotional material, advertisement, email communication, social media post, or representative statement conflicts with this Policy, this Policy shall prevail in all respects.
2.4. The following hierarchy of document authority shall apply in all cases of conflict:
→ This Shipping & Terms of Service Policy shall be the controlling document in all matters.
→ The Company's Refund Policy shall apply secondarily, only where not superseded herein.
→ The Company's Privacy Policy shall govern data handling matters not addressed in this Policy.
→ Any other terms, promotional language, or platform content shall carry no binding authority where they conflict with this Policy.
→ Customer-submitted claims or communications that conflict with any of the above documents shall be disregarded in their entirety.
2.5. Failure by the Company to enforce any particular provision of this Policy at any given time shall not constitute a waiver of the Company's right to enforce that provision or any other provision at any future time.
2.6. This Policy is binding upon the Customer's heirs, successors, assigns, and legal representatives. The Customer may not assign or transfer their obligations under this Policy to any third party.
3. Condition of Items:
3.1. All Items are sold strictly in "as-is" condition without any guarantees, express or implied. The Company disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.
3.2. The Customer accepts full responsibility for evaluating the quality, condition, and suitability of the Item and agrees not to hold the Company liable for dissatisfaction, defects, or unmet expectations of any kind.
3.3. Product images, descriptions, and specifications displayed on the Platform are provided for general informational purposes only and are not guaranteed to accurately represent the exact Item delivered. Variations in color, size, texture, packaging, or configuration may occur.
3.4. The Company does not warrant that Items are free from manufacturing defects, material flaws, or errors in description. Customers acknowledge that minor imperfections are inherent to the nature of many Items and do not constitute grounds for return or refund.
3.5. The following categories of Item conditions are expressly excluded from any claim or dispute:
→ Cosmetic blemishes, scratches, scuffs, or surface marks present prior to delivery.
→ Variations in weight, dimensions, or material composition within industry-standard tolerances.
→ Differences in color rendering caused by display calibration on the Customer's device.
→ Packaging damage that does not affect the function or integrity of the Item itself.
→ Missing accessories or components not explicitly listed in the product description.
→ Natural aging, settling, or material changes that occur during transit.
→ Items that have been opened, used, assembled, altered, or modified in any manner after delivery.
3.6. The Customer is solely responsible for verifying compatibility of Items with their intended use case, existing equipment, or operating environment before purchase. The Company shall bear no responsibility for incompatibility issues identified after a Transaction is completed.
3.7. In instances where Items are sourced from international Suppliers, the Customer acknowledges that products may differ from domestic equivalents in labeling, language, regulatory compliance, or technical specification, and agrees that such differences do not constitute defects.
4. Third-Party Purchases:
4.1. The Company is not liable for the actions, negligence, or failure of any Supplier. Any issues arising from third-party inventory are to be resolved directly with the original Supplier if applicable.
4.2. The Company may choose to offer support or mediation as a courtesy, but this does not imply liability or responsibility for resolution or outcome.
4.3. The Company may fulfill orders through one or more Suppliers or Fulfillment Partners without disclosing such arrangements to the Customer. The identity, location, and practices of these parties are considered proprietary business information.
4.4. Third-party Suppliers may impose their own terms, restrictions, or conditions on Items prior to the Company's acquisition. The Customer acknowledges that such upstream agreements may affect Item availability, condition, or compliance, and agrees not to hold the Company liable for consequences arising therefrom.
4.5. The following disclaimers apply specifically to third-party-sourced Items:
→ The Company cannot guarantee that Items sourced from third parties conform to all applicable local, state, or federal safety standards.
→ Third-party Items may be discontinued, backordered, or substituted without notice.
→ Supplier errors in inventory quantity, item description, or pricing are not binding on the Company, and orders placed under such errors may be cancelled or adjusted at the Company's sole discretion.
→ The Company reserves the right to fulfill an order with a comparable substitute Item when the originally ordered Item is unavailable, without requiring Customer approval.
→ Warranty claims, if applicable, must be pursued directly with the original manufacturer or Supplier, not the Company.
4.6. The Company maintains no ongoing relationship or quality assurance agreement with any Supplier beyond the scope of individual procurement transactions, and therefore cannot guarantee consistent quality across separate orders of the same Item.
5. Shipping Liability:
5.1. Once an Item leaves the Company's facility or designated fulfillment partner, the Company assumes no liability for loss, delay, theft, misdelivery, or damage incurred during transit.
5.2. All claims for such incidents must be filed directly with the Shipping Carrier. The Company is not required to provide reimbursement, replacement, or assistance beyond reasonable documentation.
5.3. The Company's liability for any shipping-related incident is expressly limited to the provision of tracking information and carrier contact details. The Customer agrees that this constitutes the full extent of the Company's post-dispatch obligations.
5.4. The following events are explicitly excluded from any claim of Company liability during transit:
→ Packages marked as "delivered" by the carrier but not physically received by the Customer.
→ Items lost or stolen following confirmed delivery at the designated address.
→ Delays caused by weather events, natural disasters, or Force Majeure Events.
→ Misrouting by the Shipping Carrier due to illegible, incomplete, or improperly formatted label data.
→ Damage resulting from inadequate packaging selected by the Supplier.
→ Delays caused by Customs inspections, holds, or regulatory reviews in any jurisdiction.
→ Items returned to sender due to failed delivery attempts, refused delivery, or address vacancy.
→ Fragile Items damaged due to carrier handling within standard transit procedures.
5.5. The Company shall not be obligated to issue a replacement shipment or refund for any order until the original order's shipping claim has been fully processed and resolved by the carrier, regardless of the time required for such resolution.
5.6. In the event that a Shipping Carrier provides a settlement or reimbursement for a lost or damaged Item, such settlement constitutes the Customer's sole remedy, and the Company shall not be required to supplement, match, or exceed such reimbursement.
6. Shipping Methods:
6.1. Available shipping methods are provided for convenience only. The Company makes no guarantee of delivery times, and delays may occur due to weather, customs, or other uncontrollable factors.
6.2. The Company may substitute carriers or adjust shipping method at its sole discretion without notice or obligation to the Customer.
6.3. Estimated delivery windows presented at checkout are projections only and carry no contractual weight. The Company shall not be held liable for any loss, expense, or inconvenience caused by delivery outside the estimated window.
6.4. The following shipping method limitations apply across all orders:
→ Expedited and overnight shipping options are subject to carrier cutoff times and are not guaranteed for orders placed after stated cutoff hours.
→ Shipping upgrades selected at checkout may not be honored if the Item is not yet in stock or ready for dispatch at the time of order placement.
→ Saturday, Sunday, and holiday deliveries are subject to carrier availability and may incur additional charges billed post-purchase.
→ Orders containing multiple Items may be split into separate shipments dispatched at different times without prior notification to the Customer.
→ Signature-required delivery options, if offered, are managed by the carrier and may not be guaranteed at all addresses or regions.
→ P.O. Box delivery availability depends on the carrier selected and is not guaranteed for all shipping methods.
6.5. The Company reserves the right to hold, delay, or cancel a shipment if fraud indicators are detected, payment verification is pending, or the order requires additional compliance review.
6.6. In cases where an Item is temporarily unavailable, the Company may hold the order until the Item is restocked rather than canceling the Transaction, unless the Customer requests cancellation in writing within three (3) business days of the original order date.
7. Shipping Costs:
7.1. Shipping Costs are calculated dynamically and are non-negotiable once the transaction is completed.
7.2. The Customer acknowledges that additional charges may apply for remote destinations, oversized items, or special handling, and authorizes the Company to collect these charges post-purchase if needed.
7.3. Shipping Costs displayed at checkout are estimates based on the information provided by the Customer and are subject to adjustment based on the actual weight, dimensions, or destination of the shipment as determined by the carrier.
7.4. The following additional fees may be assessed and are the sole responsibility of the Customer:
→ Dimensional weight surcharges applied by the carrier for lightweight but large-volume packages.
→ Residential delivery surcharges for addresses classified as non-commercial by the carrier.
→ Fuel surcharges or carrier-imposed rate adjustments enacted after the order date.
→ Address correction fees charged by the carrier due to Customer-entered address errors.
→ Redelivery fees for failed delivery attempts resulting from the Customer's unavailability.
→ Return-to-sender processing fees in the event an Item cannot be delivered and is returned to the Company.
→ Special handling fees for Items classified as hazardous, fragile, or oversized by the carrier.
→ Storage or detention fees assessed by the carrier for Items not retrieved within carrier-specified timeframes.
7.5. Promotional free shipping offers are subject to conditions, exclusions, and minimum order thresholds that may change without notice. Such offers do not apply retroactively and may be voided if an order is partially modified or cancelled.
7.6. The Company reserves the right to charge the Customer's payment method on file for any supplemental shipping costs identified after the original Transaction, with or without advance notification, provided such charges are clearly documented and do not exceed the actual costs incurred.
8. International Shipping:
8.1. The Company may offer international shipping at its discretion. Availability and service levels may vary by country and are subject to local regulations.
8.2. The Customer assumes all responsibility for international customs clearance, duties, tariffs, and taxes. The Company will not refund, reimburse, or intervene in matters involving foreign government delays or confiscation.
8.3. The Customer acknowledges that international shipments may be subject to the laws and regulations of both the country of origin and the destination country. Compliance with all applicable import laws is the sole responsibility of the Customer.
8.4. The following conditions apply to all international orders:
→ The Company makes no representation that Items are legal, authorized, or compliant with the laws of the destination country.
→ Items confiscated, destroyed, or detained by foreign customs or regulatory authorities will not be refunded or replaced.
→ Duties, tariffs, value-added taxes, or import levies imposed by the destination country are entirely the Customer's financial responsibility.
→ International transit times may range from days to months depending on destination, carrier route, and customs processing times.
→ Return of international shipments, if permitted at all, is at the Customer's expense and subject to additional customs procedures.
→ The Company may utilize international freight consolidators or intermediary logistics providers, the identity of whom need not be disclosed.
→ Insurance coverage, if any, applies only to the declared value at time of shipment and may be subject to foreign currency conversion limitations.
8.5. The Customer agrees to cooperate fully with any documentation requirements for international shipments, including but not limited to completing customs declarations, providing identification, or supplying import permit numbers, and agrees that failure to do so may result in the forfeiture of the shipment without refund.
8.6. The Company reserves the right to refuse international shipments to any country at any time for any reason, including but not limited to sanctions, export restrictions, trade embargoes, or logistical impracticability.
9. Tracking Information:
9.1. Tracking numbers are provided when available. Lack of tracking does not invalidate a shipment or constitute grounds for a refund or dispute.
9.2. The Company is not responsible for inaccurate, delayed, or missing tracking updates caused by third-party carriers or systems.
9.3. Tracking data is sourced directly from Shipping Carrier systems and is presented to the Customer on an informational basis only. The Company does not guarantee the accuracy, completeness, or real-time nature of tracking updates displayed through its Platform or any third-party tracking portal.
9.4. The following limitations apply to all tracking-related matters:
→ A "delivered" status in the carrier's system constitutes conclusive evidence of delivery for purposes of this Policy, regardless of the Customer's claim of non-receipt.
→ Tracking events may be delayed by up to 72 hours due to carrier scanning practices and do not indicate a failure in transit.
→ Tracking information for international shipments may cease to update once the package crosses into the destination country's postal system.
→ Multiple tracking numbers may be assigned for split shipments, and the Company is not responsible for coordinating tracking information across segments.
→ Tracking links may expire or become inaccessible after a carrier's standard data retention period, which may occur before the Customer's issue is resolved.
9.5. In the event that a tracking number is not provided, the Customer agrees to allow a minimum of thirty (30) business days from the order date before initiating any inquiry regarding shipment status.
9.6. The Customer agrees not to initiate a chargeback, payment dispute, or platform complaint based solely on a lack of tracking updates without first allowing the full estimated transit window to elapse and submitting a written inquiry to the Company.
10. Shipping Address:
10.1. It is the Customer's sole responsibility to enter an accurate, complete, and deliverable address. The Company is not liable for failed deliveries due to Customer error.
10.2. If an incorrect address results in return-to-sender or loss, the Customer agrees to cover all reshipment fees and any additional expenses incurred by the Company.
10.3. Address changes requested after an order has been placed are not guaranteed to be accommodated. The Company will make reasonable efforts to update addresses prior to dispatch but bears no obligation to do so and shall not be liable for deliveries made to the original address.
10.4. The following address-related conditions apply to all orders:
→ Apartment numbers, suite identifiers, unit designations, or floor numbers must be included in the address as provided by the Customer. Omission of such details resulting in failed delivery is entirely the Customer's responsibility.
→ Addresses entered in non-standard formats, using abbreviations not recognized by the carrier, or containing special characters may be rejected or result in misdelivery.
→ The Company is not required to verify or validate addresses submitted by the Customer prior to shipment.
→ If the carrier is unable to locate the delivery address, the package may be held, returned, or abandoned at the carrier's discretion without further action required by the Company.
→ Military addresses (APO/FPO/DPO) are subject to carrier availability and may not be supported for all Items or shipping methods.
→ Delivery to freight forwarding services, package consolidators, or reshipping intermediaries is done entirely at the Customer's risk, and any damage or loss occurring after the initial delivery is the sole responsibility of the Customer.
10.5. The Company shall not issue a refund, replacement, or store credit for any order that was shipped to the address submitted by the Customer at the time of purchase, regardless of whether that address was correct or deliverable.
11. Delivery Acceptance:
11.1. The Customer agrees to inspect all deliveries upon receipt. Failure to report issues within 24 hours of delivery constitutes acceptance of the shipment "as-is."
11.2. The Company disclaims liability for discrepancies not supported by timely, detailed documentation and reserves the right to deny claims deemed fraudulent, excessive, or outside the scope of this Policy.
11.3. For purposes of this Policy, "receipt" is defined as the moment a carrier system records a "delivered" scan at or near the delivery address, regardless of whether the Customer was physically present to accept the Item.
11.4. All delivery discrepancy reports must include the following documentation to be considered valid:
→ Clear, unaltered photographs of the outer packaging, including all sides and any visible damage.
→ Photographs of the Item(s) as received, prior to any use, assembly, or modification.
→ A copy of the original Order Confirmation and all associated tracking communications.
→ A written description of the specific discrepancy, including quantity, description, and estimated value of any affected Items.
→ Any documentation provided by the Shipping Carrier regarding the condition of the package at delivery.
→ Contact information for any witnesses present at the time of delivery, if applicable.
11.5. Delivery acceptance is further governed by the following conditions:
→ Accepting delivery without noting damage on the carrier's delivery record waives any claim against the carrier and, by extension, limits the Customer's recourse against the Company.
→ Items that have been opened and used may not be returned or exchanged regardless of the nature of the defect reported.
→ The Company reserves the right to require independent third-party inspection of allegedly damaged goods before processing any claim.
→ Delivery discrepancies reported after the 24-hour window will be reviewed solely at the Company's discretion and may be denied without appeal.
11.6. The Customer agrees that submission of false or exaggerated delivery claims constitutes fraud and may result in permanent account termination, referral to law enforcement, and the Customer being held liable for all costs incurred by the Company in investigating such claims.
12. Returns and Refunds:
12.1. All sales are considered final unless explicitly stated otherwise in a separate written agreement signed by an authorized officer of the Company. The Company's general policy is to not accept returns or issue refunds under any circumstances, including but not limited to:
→ Change of mind or buyer's remorse following the completion of a Transaction.
→ Discovery of a lower price for an identical or similar Item on another platform or from another vendor.
→ Failure to read or understand the product description, specifications, or compatibility requirements prior to purchase.
→ Arrival of an Item after an event, occasion, or deadline for which it was intended.
→ Gifting errors where the Item was purchased for a recipient who does not want or cannot use it.
→ Items damaged after delivery due to Customer mishandling, improper storage, or unauthorized modification.
→ Items that have been assembled, installed, or activated after receipt.
12.2. In the rare circumstance that the Company elects, at its sole discretion, to accept a return, the following conditions shall apply:
→ All return shipping costs are the sole responsibility of the Customer, including insurance and tracking.
→ Items must be returned in their original, unused condition with all original packaging, tags, inserts, and accessories.
→ A restocking fee of up to 35% of the original purchase price may be deducted from any refund issued.
→ Refunds, if approved, will be issued to the original payment method and may take up to 30 business days to process.
→ Items lost or damaged during the return shipment are the Customer's responsibility and will not result in a refund.
12.3. Digital products, downloadable content, personalized items, perishable goods, and Items marked as final sale at the time of purchase are categorically excluded from all return and refund consideration.
13. Order Cancellations:
13.1. Orders may only be cancelled prior to the point of dispatch, and only if a cancellation request is received and confirmed in writing by an authorized Company representative within one (1) hour of the original order placement. After this window, cancellations may not be possible regardless of circumstances.
13.2. The following order types are not eligible for cancellation under any circumstances:
→ Orders that have been partially or fully fulfilled by a Supplier or Fulfillment Partner.
→ Orders for customized, engraved, embroidered, or otherwise personalized Items.
→ Orders placed during flash sales, limited-time promotions, or clearance events.
→ Pre-orders or backorder items where the Customer was informed of extended fulfillment timelines at the time of purchase.
→ Subscription orders or recurring purchase agreements after the initial billing cycle has commenced.
13.3. Approved cancellations may be subject to a processing fee of up to 10% of the original order value to cover administrative and payment processing costs incurred by the Company.
13.4. The Company reserves the right to cancel any order at any time for any reason, including but not limited to suspected fraud, pricing errors, inventory unavailability, or compliance concerns, and shall not be liable for any inconvenience or damages arising from such cancellation beyond a full refund of the amount paid.
14. Payment Terms:
14.1. All Transactions must be completed using a payment method accepted by the Company's payment processor at the time of purchase. The Company is not responsible for payment failures caused by the Customer's bank, payment provider, or financial institution.
14.2. The Customer authorizes the Company to charge the full order total, including Item price, applicable taxes, and Shipping Costs, at the time of purchase. Additional charges, as outlined in this Policy, may be applied subsequently.
14.3. The following payment-related terms apply to all Transactions:
→ Payments made via third-party platforms (e.g., PayPal, Afterpay, Klarna) are subject to those platforms' terms in addition to this Policy.
→ Chargebacks filed by the Customer may result in immediate suspension of the Customer's account and referral to a collections agency for recovery of disputed amounts plus associated fees.
→ Promotional discount codes or coupons are single-use, non-transferable, and may not be combined unless explicitly stated. Expired codes will not be reinstated.
→ The Company reserves the right to void any Transaction where a pricing error resulted in an Item being listed below its actual cost, and to refund the Customer's payment in lieu of fulfilling the order.
→ In cases of partial payment or installment arrangements, failure to complete all scheduled payments may result in suspension of the order and forfeiture of amounts already paid.
14.4. The Customer agrees that all payment information provided to the Company is accurate, current, and belongs to the Customer or is otherwise authorized for use by the Customer. Submission of fraudulent payment information constitutes a material breach of this Policy.
15. Arbitration Agreement:
15.1.1. By completing a purchase, the Customer irrevocably and unconditionally agrees not to initiate, join, assist, or participate in any lawsuit, arbitration, class action, administrative proceeding, regulatory complaint, or any other form of legal, quasi-legal, or governmental action or inquiry against the Company, its current and former officers, directors, managers, members, owners, shareholders, employees, contractors, partners, affiliates, subsidiaries, agents, attorneys, licensors, and successors (collectively, the "Released Parties") for any reason arising out of or in connection with shipping, product quality, item condition, order fulfillment, payment processing, product availability, marketing representations, website functionality, user experience, customer support interactions, refund or exchange disputes, or the interpretation, application, or enforcement of this Policy or any other agreement, written or implied.
15.1.2. The Customer expressly waives all rights to seek actual, consequential, statutory, exemplary, incidental, or punitive damages, injunctive or equitable relief, or any form of restitution or disgorgement. Any claim or dispute, if permitted to proceed at all, shall be limited exclusively to the refund of the original purchase price, and only upon a showing of clear and convincing evidence of willful misconduct on the part of the Company.
15.1.3. The Customer agrees to indemnify and hold harmless the Released Parties from and against any and all legal costs, attorney fees, court expenses, administrative costs, or damages incurred as a result of any breach of this section, including any attempt to invalidate or circumvent this provision.
15.1.4. This clause shall be perpetual, global, irrevocable, binding upon all successors and assigns, and enforceable to the fullest extent permitted by applicable law. The Customer knowingly and voluntarily waives any protections under state or federal law that would limit the enforceability of this section. If any part of this section is found unenforceable, it shall be interpreted narrowly or severed without affecting the remainder, and this section shall survive any termination of the Customer's relationship with the Company.
15.1.5. Any dispute that is permitted to proceed must be submitted to binding arbitration administered by a mutually agreed-upon arbitration body under that body's then-current commercial arbitration rules. The arbitration shall take place in the state of Ohio, and the arbitrator's decision shall be final and binding on all parties.
15.1.6. The Customer agrees to pay all arbitration filing fees, administrative costs, and arbitrator compensation unless the arbitrator determines that the claim is clearly frivolous, in which case the Customer shall also be liable for the Company's legal fees and costs incurred in defending against such a claim.
15.1.7. The arbitrator shall have no authority to consolidate claims, to certify a class, or to award relief to any person not individually named as a party in the arbitration proceeding. The arbitrator's jurisdiction is limited strictly to the individual claim brought by the Customer.
16. Binding and Final Agreement:
16.1. This Policy is final and enforceable. The Customer affirms they have read and understood this Policy and have had the opportunity to ask questions before completing their purchase.
16.2. No oral statements or external communications may override the terms set forth herein. Any ambiguity shall be interpreted in favor of the Company.
16.3. The Customer agrees to waive all rights to trial by jury, class action claims, or injunctive relief against the Company for any issues covered under or tangentially related to this Policy or their transaction.
16.4. The Company shall not be liable for incidental, indirect, punitive, or consequential damages, including but not limited to loss of profits, loss of data, or personal inconvenience, regardless of the cause or foreseeability.
16.5. The Customer agrees to indemnify and hold harmless the Company from any claim, liability, legal cost, or loss resulting from their misuse of products, violation of this Policy, or misrepresentation during the order process.
16.6. This Policy is entered into freely and voluntarily. The following acknowledgements are deemed made by the Customer at the moment of purchase:
→ The Customer has had ample time and opportunity to review this Policy in its entirety before completing the Transaction.
→ The Customer was not subjected to undue pressure, misrepresentation, or coercion in completing the Transaction.
→ The Customer acknowledges that the Terms constitute a reasonable and balanced agreement and waives all claims of unconscionability.
→ The Customer represents that they are of legal age to enter into binding contracts in their jurisdiction.
→ The Customer affirms that the payment method used in the Transaction is validly authorized and that no fraudulent intent was involved.
→ The Customer agrees that they are not acting as an agent, reseller, or representative of any third party without prior written authorization from the Company.
16.7. This Policy shall remain in full force and effect regardless of any technological, regulatory, or business changes that may occur after its effective date. The Company's failure to adapt any provision to reflect such changes shall not render the Policy unenforceable.
16.8. All rights not expressly granted to the Customer in this Policy are reserved by the Company. The Company's decision on any matter covered by this Policy is final and not subject to appeal unless otherwise required by law.
17. Compliance with Ohio Laws:
17.1. This Policy shall be governed exclusively by the laws of the State of Ohio without regard to conflict of law principles.
17.2. Any disputes must be resolved exclusively in the state or federal courts located within Ohio, and the Customer consents to personal jurisdiction therein. All legal actions must be initiated within one (1) year of the cause of action arising or shall be forever barred.
17.3. The Customer expressly waives any and all rights to participate in class actions, mass actions, or joint litigation proceedings against the Company. All claims must be brought on an individual basis only.
17.4. The Customer agrees to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, or expenses (including attorney's fees) arising out of or related to any breach of this Policy or misuse of the Company's services or products.
17.5. In no event shall the Company be liable to the Customer or any third party for any indirect, special, incidental, punitive, exemplary, or consequential damages of any kind, including but not limited to loss of data, loss of profits, or business interruption, even if the Company has been advised of the possibility of such damages.
17.6. The Company's total liability to the Customer for any and all claims arising from or related to a transaction or this Policy, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the Customer to the Company for the specific item(s) at issue in the claim.
17.7. If any provision of this Policy is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be severed and the remainder of the Policy shall continue in full force and effect, with the invalid portion interpreted in a manner consistent with the original intent of the Company to the maximum extent permitted by law.
17.8. The following Ohio-specific acknowledgements are incorporated into this Policy:
→ The Customer consents to Ohio's Uniform Commercial Code provisions governing the sale of goods to the extent they do not conflict with this Policy.
→ The Customer waives application of any other state's consumer protection statutes, deceptive trade practices acts, or implied warranty laws to any Transaction or Dispute.
→ The Customer agrees that Ohio courts shall have exclusive personal and subject-matter jurisdiction over all Disputes, and waives any objection based on venue, forum non conveniens, or jurisdictional challenge.
→ Any evidence submitted in a Dispute shall be governed by the Ohio Rules of Evidence and the Federal Rules of Evidence where applicable.
→ The one (1) year statute of limitations set forth in this Policy is a material term of the agreement and shall be enforced as a contractual limitation even if a longer period is otherwise permitted by Ohio law.
18. Intellectual Property:
18.1. All content appearing on the Company's Platform, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, and software, is the property of the Company or its content suppliers and is protected by applicable intellectual property laws.
18.2. The Customer is granted a limited, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial purchasing purposes only. This license does not include:
→ Reproduction, duplication, copying, selling, reselling, or exploitation of any portion of the Platform for commercial purposes.
→ Use of data mining, robots, scrapers, or similar data gathering tools on any part of the Platform.
→ Downloading or copying Platform content for the benefit of a third party or competitor.
→ Use of any meta tags, hidden text, or other metadata utilizing the Company's name or trademarks without express written consent.
→ Modification, reverse engineering, decompiling, or disassembling any software component of the Platform.
18.3. Any unauthorized use of the Company's intellectual property will result in immediate termination of the Customer's platform access and may give rise to legal action for damages, injunctive relief, and attorney's fees.
18.4. Customer-submitted content, including reviews, photographs, feedback, or communications directed to the Company, is hereby assigned to the Company as a royalty-free, perpetual, worldwide license to use, display, modify, and distribute without restriction or compensation to the Customer.
19. Privacy and Data Usage:
19.1. By completing a Transaction, the Customer consents to the collection, storage, processing, and use of their personal data as outlined in the Company's Privacy Policy, which is incorporated herein by reference.
19.2. The Customer's data may be shared with the following categories of third parties:
→ Shipping Carriers and Fulfillment Partners for the purpose of order processing and delivery.
→ Payment processors and financial institutions for the purpose of Transaction verification and fraud prevention.
→ Marketing and analytics platforms for the purpose of improving Platform performance and Customer targeting.
→ Legal and regulatory authorities where required by law or pursuant to valid legal process.
→ Successor entities in the event of a business merger, acquisition, or asset sale.
19.3. The Customer acknowledges that the Company may use anonymized, aggregated Transaction data for internal research, reporting, and product development purposes, and that such use does not require additional consent.
19.4. The Company employs industry-standard security measures to protect Customer data but does not guarantee against unauthorized access, data breaches, or cybersecurity incidents. The Customer assumes the risk of any data loss or exposure resulting from such events to the extent permitted by applicable law.
20. Platform Use and Conduct:
20.1. The Customer agrees to use the Platform only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use of the Platform.
20.2. Prohibited conduct includes but is not limited to:
→ Submitting false, misleading, or defamatory product reviews or communications.
→ Impersonating any person, entity, or Company representative.
→ Attempting to gain unauthorized access to any portion of the Platform or its underlying systems.
→ Using the Platform to transmit unsolicited communications, spam, or malware.
→ Placing fraudulent orders or engaging in transaction laundering or abuse of promotional offers.
→ Interfering with or disrupting Platform functionality, servers, or associated networks.
→ Collecting or harvesting any personally identifiable information from the Platform without express written consent.
20.3. The Company reserves the right to terminate or suspend any Customer account at any time for any violation of this section or any other provision of this Policy, without notice and without refund of any amounts paid.
21. Modifications to the Policy:
21.1. The Company reserves the right, at its sole discretion, to modify, amend, supplement, or replace any portion of this Policy at any time and without prior notice to the Customer.
21.2. Modifications become effective immediately upon posting to the Platform. The Customer's continued use of the Platform or completion of any subsequent Transaction constitutes acceptance of the modified Policy.
21.3. It is the Customer's sole responsibility to review this Policy periodically for changes. The Company is not obligated to notify Customers of updates via email, push notification, or any other means.
21.4. No prior version of this Policy shall be enforceable or binding upon the Company once a subsequent version has been published, regardless of when the Customer's Transaction was completed.
22. Severability and Survival:
22.1. If any provision of this Policy is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed entirely without affecting the validity and enforceability of the remaining provisions.
22.2. The following sections shall survive the termination or expiration of this Policy or the Customer's relationship with the Company:
→ Section 15 (Arbitration Agreement)
→ Section 16 (Binding and Final Agreement)
→ Section 17 (Compliance with Ohio Laws)
→ Section 18 (Intellectual Property)
→ Section 19 (Privacy and Data Usage)
→ Section 22 (Severability and Survival)
→ Any other provision that by its nature is intended to survive termination.
22.3. The Company's rights under this Policy are cumulative and not exclusive of any other rights or remedies to which the Company may be entitled at law or in equity.
23. Contact Us:
If you have any questions or concerns regarding this Policy, please contact our customer service team. Our staff is available to provide clarification but may not modify the Policy or offer interpretations outside those approved by the Company's legal counsel.
All written inquiries must be submitted via the official contact form available on the Platform or via certified mail addressed to the Company's registered place of business in the State of Ohio. Inquiries submitted through unofficial channels, including but not limited to social media, third-party review platforms, or unsolicited email, will not be recognized as formal communications under this Policy.
Response times may vary depending on inquiry volume and complexity. The Company does not guarantee a response within any specified timeframe and shall not be held liable for delays in responding to Customer inquiries.
Thank you for choosing to shop with us. By completing a Transaction on our Platform, you acknowledge that you have read, understood, and agreed to all terms set forth in this Policy in their entirety, and you release the Company from any and all claims outside the scope of this Policy. Your continued engagement with the Platform constitutes ongoing acceptance of this Policy as amended from time to time.